Andhra Pradesh High Court - Amravati
Criminal Procedure vs Bureau Station on 24 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO. 5207 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/Accused in the event of his arrest in connection with Crime No.67 of 2021 of Special Enforcement Bureau Station, Gudur, SPSR Nellore District registered for the offence punishable under Section 7(A) r/w 8(e) of Andhra Pradesh Prohibition Act, 1995.
2. The case of prosecution is that on 13.08.2021 at 6.30 AM during raid conducted by the respondent police along with staff, they reached to Vadlapudi village forest area and found one male person with one blue colour plastic drum and mingling in the drum. On seeing the police, he ran away into forest and on suspicion, they tried to catch him but he escaped. The SEB Head Constable identified the person as petitioner and they found 8 plastic drums containing 200 liters of FJ wash in each drum and one 30 liters plastic drum containing 20 liters of ID liquor. They destroyed the property after taking samples under special report. Basing on the said report, present crime is registered.
3. Heard Sri M.Ravindra, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is falsely implicated in this case and even as per the case of the prosecution, the petitioner was not found at the scene of offence. Police have identified that the person who escaped from the spot is the petitioner. Except that, there is no other 2 independent witness identified the petitioner. He further submits that the allegations as far as the petitioner is concerned, they do not attract the offence under Section 7(A) r/w 8(e) of the APP Act as there is no recovery from the petitioner and neither any incriminating material is found from his possession. Hence, his case may be considered for pre-arrest bail.
5. Learned Assistant Public Prosecutor on the other hand submits that investigation is pending and hence, the petitioner is not entitled for pre-arrest bail at this stage.
6. Taking into consideration the fact that the petitioner is arrayed as accused basing on the identification made by Head Constable only and no independent witness has identified the petitioner at the scene of offence, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/Accused shall be released on bail in the event of his arrest in connection with Crime No.67 of 2021 of Special Enforcement Bureau Station, Gudur, SPSR Nellore District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Gudur, SPSR Nellore District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :24.09.2021 KA 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Allowed) CRIMINAL PETITION No.5207 of 2021 24.09.2021 KA